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Col^APOL SOU , OoC^T.OrV LANV 



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The University of the State of New York 
The State Department of Education 

( .t«/ «L+-- _i_ » t. Attendance Division 

COMPULSORY EDUCATION LAW 
July 1921 

ARTICLE 23 

Compulsory Education 

Section 620 Instruction required 

021 Required ait tendance upon instruction 

622 ^^^len a boy is required to attend evening school 

623 Instruction elsewhere than at a public school 

024 Duties of persons in paternali relation to children 

625 Penalty for failure to perform paternali duty 

626 Unlawful employment of children and minors 

627 Employer must file employment certificate and return certificate 

to employment certificating officer 

628 Punishment for unlawful employment of children and for children 

being unlawfully engaged in the sale or distribution of news- 
papers, periodicals or magazines 

629 Teachers must keep record of attendance 

630 School record certificate 

631 Issuance of employment certificates, vacation employment cer- 

tificates, newsboy permit badges 

632 Attendance officers 

633 Arrest of truants 

634 Interference with attendance officer 

635 Truant schools 

636 Enforcement of law and withholding the state moneys by Com- 

missioner of Education 

637 Attendance of illiterate minors 

638 Certificates of principals or teachers 

§ 620 Instruction required. The instruction required 
under this article shall be : 

1 At a public elementary school in which at least the nine com- 
mon school branches of reading, spelling, writing, arithmetic, 
English language, geography, United States history, civics and 
hygiene are taught in English. 

2 At a public school of higher grade in which the English lan- 
guage and its use and civics are taught in English as part of a 
regular course of study or of specialized training; or, 

' So In original. 
C21 rJe21-7500 



3 Elsewhere tlian a public school upon instruction in the same 
subjects taught in English, from texts written in English, by a 
competent teacher. [Amended by L. 1921, ch. 386, in effect Sep- 
tember 1, 1921.] 

§ 621 Required attendance upon instruction. 

1 Every child within the compulsory school ages as herein pre- 
scribed, in proper physical and mental condition to attend school, 
who resides in a city or school district having a population of four 
thousand five hundred or more and employing a superintendent 
of schools, shall regularly attend upon instruction for the entire 
time during which the schools of such city or district are in session 
as follows : 

a Each child between seven and fourteen years of age. 

h Each child between fourteen and sixteen years of age not 
regularly and lawfully employed. [Subdivision 1 amended by L. 
1917, ch. 563, andL. 1921, ch. 386, in effect September 1, 1921.] 

2 Every such child, residing elsew^here than in a city or school 
district having a population of four thousand five hundred or 
more and employing a superintendent of schools, shall attend upon 
instruction during the entire time that the school in the district 
shall be in session, as follows : 

a Each child between eight and fourteen years of age. 

b Each child between fourteen and sixteen years of age not 
regularly and lawfully engaged in any useful emjiloyment or 
service. 

c The period of which any such school shall be in session shall 
not be less than one hundred and eighty days of actual school. 
[Subdivision 2 amended by L. 1913, ch. 511, and L. 1921, ch. 
386, in effect September 1, 1921.] 

3 A child within the prescribed ages as provided by this sec- 
tion shall be deemed in proper physical and mental condition to 
attend upon instruction unless a certificate shall have been issued 
by the school authorities that the child is not in proper physical 
and mental condition to so attend. No i>hysical condition which 
is capable of correction shall avail as a defense under the provi- 
sions of this article unless it shall be made to appear that all rea- 
sonable measures for the correction of the condition and the suit- 
able instruction of the child have been taken. [Subdivision 3 as 
amended by L. 1911, ch. 710' repealed; and subdivision 4 as added 
by L. 1919, ch. 232 renumbered subdivisio n 3, by L. 1921, ch. 
386, in effect Septemb^is^ML^ ^^ cONGRkSb' "> 

OOCUMENTS C.V^ilON 



1 L ^"^^ 



§ 622 When a boy is required to attend evening 
school. [Section repealed hy L. 1919', ch. 531, in effect August 
1, 1919.] 

§ 623 Instruction elseivhere than at a public 
school. If any such child shall so attend upon instruction else- 
where than at a public school, such instruction shall be at least 
substantially equivalent to the instruction given children of like 
age at the public school of the city or district in which such child 
resides; and such attendance shall be for at least as many hours 
each day thereof as are required of children of like age at public 
schools ; and no greater total amount of holidays or vacations shall 
be deducted from such attendance during the period such attend- 
ance is required than is allowed in such public school to children 
of like age. Occasional absences from such attendance, not 
amounting to irregular attendance in the fair meaning of the 
term, shall be allowed upon such excuses only as would be allowed 
in like cases by the general rules and practice of such public school. 

If a child required to attend upon instruction as provided in 
this article does not attend at a public, private or parochial school 
maintained in the city or district in which the parent or guardian 
of said child resides, such parent or guardian shall upon request 
furnish satisfactory proof to the local school authorities of said 
city or district that said child or ward is attending upon lawful 
insti-uetion elsewhere. [Amended hy L. 191Y, ch. 563, in effect 
May 18, 1917.] 

§ 624 Duties of persons in parental relation to 
children. 1 Every person in parental relation to a child within 
the compulsory school ages as prescribed by section 621 of this 
chapter who is in proper physical and mental condition to attend 
school, shall cause such child to attend upon instruction, as therein 
required. [Subdivision 1 amended hy L. 1921, ch. 386, in effect 
September 1, 1921.] 

2 (a.) At the time a child of school age begins to attend upon 
instruction at a public school or elsewhere, the person in parental 
relation to such child shall submit to the school authorities or to 
the person having control or charge of the instruction of such child, 
as evidence of age, a duly attested transcript of the birth certificate 
filed according to law with a registrar of vital statistics or other 
officer charged with the duty of recording births; or a pa-ssport; 
or a duly attested transcript of a certificate of baptism showing 
the date of birth of such child. 



(h) In case no acceptable documentary evidence of age as above 
required can be produced by the person in parental relation to the 
child, he shall then make an affidavit showing that such required 
documentary evidence can not be produced. Such affidavit shall 
contain the date and place of birth, and the present residence of 
such child, which affidavit must be taken before an officer of the 
boa-rd of education duly designated by such board for the purpose, 
and who is hereby authorized and required to administer such 
oath, and such other oaths as may 1x3 necessary by the provisions 
of this act, and who shall not demand or receive a fee therefor. 

(c) Such affidavit shall be filed Avith the school authorities, and 
a duly attested transcript thereof shall be furnished upon request 
to the person having control or charge of the instruction of such 
child. [Suhdivision 2 amended by L. 1921, ch. 386, in ejfect 
September 1, 1921.] 

3 Upon request of the school authorities, the board or depart- 
ment of health shall furnish a duly attested transcript of the birth 
certificate filed according to law of a child seeking admission to 
school. Such transcript shall be written in ink or typewritten and 
shall be kept on file by the school authorities until the child leaves 
school to take up employment or becomes eighteen years of age. 
[^Subdivision 3 added by L. 1921, ch. 386, in effect September 1, 
1921.] 

§ 625 Penalty for failure to perform parental 
duty. A viola.tion of section 624 shall be a misdemeanor, punish- 
able for the first ofi^ense by a fine not exceeding five dollars, or 
five days' imprisonment, and for each subsequent offense by a 
fine not exceeding fifty dollars, or by imprisonment not exceed- 
ing thirty days, or by both such fine and imprisonment. Courts 
of special sessions and police magistrates shall, subject to removal 
as provided in sections 57 and 58 of the Code of Criminal Pro- 
cedure, have exclusive jurisdiction in the first instance to hear, 
try and determine charges of violations of this section within 
their respective jurisdictions. A duly attested transcript of the 
record of attendance and absence of a child which has been kept 
by a teacher, as provided in section 629 of this chapter, shall be 
accepted as presumptive evidence of the attendance of such child 
in any proceeding brought under the provisions of this article. 
[Amended by L. 1919, ch. 232, in effect April 15, 1919.1 



§ 626 Unlawful employment of children and 
minors. 

A It shall be unlawful when attendance upon instruction is 
required to employ in any business or service whatever, 

1 A child under fourteen years of age, 

2 A minor included under the following subdivisions who 
does not at the time of such employment present an employment 
certificate issued according" to law, namely : 

a A minor between fourteen and sixteen years of age, 
h After September first, nineteen hundred and twenty-five, in 
a city having a population of five thousand or more a minor 
between sixteen and seventeen years of age. [Subdivision A 
amended by L. 1921, ch. 386, in effect September 1, 1921.] 

B It shall be unlawful when attendance upon instruction is 
not required: 

1 To employ in any business or service, except as hereinafter 
provided : . . ^ 

a A child under fourteen years of age. 

b A minor between fourteen and sixteen years of age who does 
not at the time of such employment present a regular employment 
certificate or a vacation employment certificate issued according to 
law\ A vacation employment certificate shall be valid, however^ 
only for employment on days when aittendance upon instruction 
is not required and only in or in connection with employment in 
a mercantile establishment or business office or in outdoor work. 

2 To employ in the sale or distribution of newspapers, periodi- 
cals or magazines or to permit to be employed or engaged in such 
sale or distribution (a.) a boy under twelve years of age; (&) a 
girl under sixteen yeaa's of age; (c) a boy between twelve and six- 
teen years of age who does not possess a newsboy permit badge 
issued according to law and not revoked. ITo such boy shall engage 
in or be employed in such sale or distribution before six o'clock 
in the morning nor after eight o'clock in the evening. [Sub- 
division B dmended by L. 1921, ch. 386, in effect September 1, 
1921.] 

C When attendance upon instruction is not required the pro- 
visions of this section shall not apply to the employment of 
children over twelve years of age in farm service or outdoor work 
not connected with or for a factory or other establishment speci- 
fied in section 130 of the labor law and not prohibited or regulated 
by any provisions of the penal law. [Subdivision C amended by 
L. 1921, ch. 386, in effect September 1, 1921.] 



D Every person in parental relation to a child or minor sub- 
ject to the provisions of this section shall cause such child or 
minor to comply therewith. [Subdivision D amended by L. 1921, 
ch. 386, in effect September 1, 1921.] 

§ 627 Employer must file employment certificate 
and return certificate to employment certificating 
officer. The employer of any minor between fourteen aind seven- 
teen years of age in a city or district shall keej> and shall file in 
the place where such minor is employed, the employment certifi- 
cate or vacation employment certificate of the minor if such minor 
is required to obtain such an employment certificate under the pro- 
visions of section six hundred and twenty-six of this chapter. 
Upon the termination of employment of any such minor the em- 
ployer shall return by mail within three days the employment cer- 
tificate or the vacation employment certificate to the employment 
certificating officer. [Amended by L. 1913, ch. 748, and L. 1921, 
€h. 386, in effect September 1, 1921.] 

§ 628 Punisliment for unla\irful employment of 
children and for children being unla\(rfully engaged 
in the sale or distribution of neivspapers, periodicals 
or magazines. 

1 Any person, firm or corporation or any ofiicer, manager, 
superintendent or employee acting therefor who shall employ 
any child or minor contrary to the provisions of sections 626 
and 62Y hereof, and any person in parental relation to a child 
or minor included by the provisions of such section who does not 
cause him to comply with such provisions shall be guilty of a 
misdemeanor aind the punishment therefor shall be for a first 
offense of a fine of not more than fifty dollars ; or by imprison- 
ment for not less than ten days; for a second and each subse- 
quent offense, a fine of not less than fifty dollars nor more than 
two hundred dollars, or by imprisonment for not more than thirty 
days, or by both such fine and imprisonment. A prosecution 
instituted under this section shall be deemed a bar to any action 
at prosecution under the provisions of any other statute based on 
the same state of facts. [Subdivision 1 amended by L. 1913, 
ch. 748, and L. 1921, ch. 386, in effect September 1, 1921.] 

2 In case, however, the person in parental relation to such a 
■child or minor establishes to the satisfaction of the court that 
the child or minor is beyond his control, such child or minor 



in the discretion of the school authorities may be proceeded 
against for "sdolatiou of this act. [Suhdivisio7i 2 added by L. 
1921, ch. 386, in effect September 1, 1921.] 

3 Attendance officers who are hereby vested with the powers 
of peace officers for the purpose shall enforce the provisions of 
section 626 of this chapter. [Subdivision 3 added by L. 1921, 
ch. 386, in effect September 1, 1921.] 

§ 629 Teachers must keep record of attendance. 

An accurate record of the attendance of all children between seven 
and sixteen years of age shall be kept by the teacher of every 
school, showing each day by the year, month, day of the month 
and day of the week, such attendance, and the number of hours 
in each day thereof; aind each teacher upon whose instruction 
any such child shall attend elsewhere than at school, shall keep 
a like record of such attendance. Such record shall, at all times, 
be open to the attendance officers or other person duly authorized 
by the school authorities of the city or district, who may inspect 
or copy the same; and every such teacher shall fully answer all 
inquiries lawfully made by such authorities, inspectors, or other 
persons, and a wilful neglect or refusal so to answer any such 
inquiiy shall be a misdemeanor. 

§ 630 School record certificate. 1 A school record cer- 
tificaite shall be issued to a minor entitled thereto as follows: 
a To a minor between fourteen and fifteen years of age who 
is a graduate of a public elementary school or parochial school 
or other school in which the subjects enumerated in section 620 
of this chapter are taught as therein required or who holds a 
preacademic certificate issued by the Kegents and who has attended 
upon lawful instruction for not less than one hundred and thirty 
days in any of the following periods of twelve months : (1) That 
between his thirteenth and fourteenth birthdays; (2) That next 
preceding gi-aduation; (3) That next preceding his application 
for the certificate. 

& To a minor between fifteen and sixteen years of age who 
has completed the work prescribed for the first six years of the 
course of study of a public elementaiy school, or a parochial 
school, or a school of equal rank in which the subjects enumer- 
ated in section 620 of this chapter are taught as therein required 
and who has attended upon lawful instruction in the twelve months 
between his thirteenth and fourteenth birthdays or in the twelve 



8 

months next preceding his application for said certificate for 
not less than one hundred and thirty days. 

c To a minor between sixteen and seventeen years of age irre- 
spective of his educational attainments and attendaince upon 
instruction. 

d Any portion of the one hundred and thirty days' attendance 
required for the issuance of a school record certificate lacking at 
the time application for its issuacnce is made shall, if made up by 
regiilar attendance within ninety days thereafter, be regarded 
as attendance within the prescribed period. \_Subdivision 1 
amerided hy L. 1913, ch. 101 ; L. 1917, ch. 563 ; amd L. 1921, 
ch. 386, in ejfect September 1, 1921.] 

2 The person issuing a school record certificate shall certify 
the date of birth of the minor, his plaee of residence, the names 
of the persons in parental relation to the minor and the other 
appropriate facts set forth in items a and h of subdivision one of 
this section as shown by the school records ; but in the case of a 
minor between sixteen and seventeen years of age, he shall then 
certify under those items the graide or class reached by the minor ; 
if, however, such a minor is not in attendance upon instruction, or 
if this and other required infonuation is not readily obtainable 
then thereupon issuing the school record certificate shall certify 
the same facts as determined to the best of his ability. [Suh- 
division 2 amended hy L. 1921, cli. 386, in effect September 1, 
1921.] 

3 School record certificate shall be issued only by the follow- 
ing persons: 

a In a city of the first class by the principal or chief executive 
officer of a school. 

& In a city or school district having a population of four thou- 
sand five hundred or more and employing a superintendent of 
schools, by the superintendent of schools. 

c In all other school districts by the principal teacher of the 
school. 

d During the months of July and August, and at other times 
in extraordinary and emergency circumstances by one or more 
public school officials deputized in writing by the superintendent 
of schools. The school record certificate shall be gi^anted on 
demand to any minor lawfully entitled thereto. [Subdivision 3 
formerly subdivision 2 in part, amended and renumbered by L. 
1921, ch. 386, in ejfect September 1, 1921.] 



9 

§ 631 Issuance of employment certificates, vacation 
employment certificates, newsboy permit badges. 

1 Eni])loyment certificates, vacation employment eeitificates and 
newsboy permit badges shall be issued only by the following 
officials: In cities and school districts having a population of 
four thousand five hundred or more by the superintendent of 
schools ; elscAvhere by the district superintendents ; provided that 
the superintendent of schools or district superintendent may 
authorize and deputize in writing one or more public school officials 
other than attendance officers to act in his stead as employment 
certificating officers in accordance with the regulations of the 
commissioner of education. The number of persons so deputized 
as employment certificating officers shall not exceed the proportion 
of one for each half million of the population or fraction thereof 
of a city or district. 

2 An employment certificate shall be issued for a minor between 
fourteen and seventeen years of age who is entitled thereto in 
accordance with the following procedure: 

(a) Such minor shall obtain a school record certificate from the 
principal or chief executive officer of the school which the minor 
attends or as otherwise provided : 

(h) He shall present to the examining officer of the board or 
department of health, to be known as the age and health certifi- 
cating officer, the application of the parent, school record certificate, 
evidence of age, and if the minor is between fourteen and sixteen 
years of age he shall also present the statement of the prospective 
employer and shall then obtain from the age and health certificat- 
ing officer a certificate of physical fitness. 

(c) He shall then present all the foregoing papers to the em- 
ployment certificating officer who shall issue the employment certi- 
ficate if such papers are found to be satisfactory. 

3 The parent, guairdian or custodian of the minor shall make 
personal application for the issuance of a school record certificate. 
If between fourteen and sixteen years of age the minor shall 
obtain a statement signed by the prospective employer, or by his 
duly authorized representative, stating that he expects to give the 
minor present employment and setting forth the character of such 
employment, and the number of hours per day and per week which 
the minor will be employed. 

4 The minor shall then present the papers prescribed in para- 
graph six of subdivision two of this section to the age and health 



10 

certificating officer for examination and approval. When these 
papers have been approved, a medical officer of the board of 
health shall then maie a thorough physical examination of the 
minor, and if the medical officer shall find that the child has 
reached the normal development of a child of his age, is in sound 
health and physically fit to perform the work he intends to do, 
he shall then issue to the minor a certificate of physical fitness, 
stating these facts. If the minor be found to be physically unfit 
or if the proofs of age submitted by him be unsatisfactory, the age 
and health certificating officer shall reject the applicant and shall 
notify the employment certificating officer of this action and of the 
reason therefor and shall return the papers forthwith to such 
person. 

5 The minor shall then present the papers approved by the age 
and health certificating officer to the employment certificating 
officer who shall examine, approve and file the same. The employ- 
ment certificating officer shall also test the minor, if he is under 
sixteen years of age, as to his ability to read and write correctly 
?imple sentences in the English language aind shall, after making 
such examination, sign and file in his office a statement that the 
minor can read and write correctly simple sentences in the English 
language, together with the sentences written by such minor, con- 
stituting the test so given. If the papers enumerated above are 
approved, and if the minor who is under sixteen years of age 
shows that he is able to read and write correctly simple sentences 
in the English language, the employment certificating officer shall 
then issue to the minor an employment certificate. If these papers 
are not approved or if the minor who is under sixteen years of 
age is unable to read and write correctly simple sentences in the 
English language, the employment certificating officer shall reject 
the applicant and notify the person issuing the school record cer- 
tificate, stating the reason therefor, and shall return the school 
record certificate to the person who issued it. 

6 An employment certificate shall be signed in the presence of 
the officer issuing the certificate by the minor for whom it is issued. 
It shall also contain the name and address of the prospective 
employer and shall state the nature. of the work which the minor 
expects to perform and it shall be valid only in the hands of the 
employer therein named. Any employed minor between four- 
teen and seventeen years of age required to obtain an employment 
certificate and who is seeking new employment shall obtain a new 



11 

employment certificate and shall be entitled thereto upon the re- 
turn to the employment certificating officer of the old employment 
certificate and if the minor is between fourteen and sixteen 
years of age upon the presentation to such officer of a state- 
ment from the prospective employer as hereinbefore provided. 

7 The evidence of age shall show that the child is at least the 
age required for the issuance of the school record certificate and 
such evidence shall be as follows: 

a Birth certificate; passport or baptismal certificate. A certifi- 
cate transcript of the birth certificate filed according to law; a 
duly attested transcript of a certificate of baptism or a passport 
showing the date of birth of the child. 

h Other documentary evidence. If the child appears to the 
age and health certificating officer to be of the required age and 
none of the papers mentioned in the preceding subdivision can be 
furnished but other satisfactory documentary evidence of age can 
be produced, such officer shall present to the board or department 
of health a statement signed by him showing such facts together 
with such evidence. The executive officer of the board or depart- 
ment of health may accept such documentary evidence as sufficient 
as to the age of such child and a record therefor shall be entered 
on the minutes of the board at its next meeting. 

c Physicians' certificates. If the child appears to be of the 
required age, the age and health certificating officer may receive 
an application signed by the child's parent, guardian or custodian 
for physicians' certificates as herein provided. The application 
shall be on file for not less than sixty days and shall contain: 
(1) The name, the place and date of birth and the present resi- 
dence of the child; (2) such further facts as may aid in deter- 
mining the child's age. If within such period no facts appear to 
contradict any material statement of such application, the officer 
shall direct the child to appear for physical examination before 
two physicians designated by the board of health. If the physi- 
cians certify in writing that they have separately examined the 
child and that the child is at least of the required age, such cer- 
tificates shall be sufficient evidence of age. If their opinions do 
not concur the child shall be examined by a third physician, and 
the concurring opinions shall be accepted as evidence of age. 

d The age and health certificating officer shall require evi- 
dence of age in the order designated in subdivision one of this 
section and shall not accept the evidence permitted by paragraph 



12 

h or c of said subdivision unless lie receives and files in aiddition 
an affidavit of the child's parent, guardian or custodian, stating 
that no evidence specified in the preceding paragraph or para- 
graphs can be produced. Such affidavit shall contain the name, 
place and date of birth and residence of the child and shall be 
acknowledged and sworn to before the age and health certificat- 
ing officer, who shall not demand or receive any fee for adminis- 
tering the oath. 

8 Record of physical examination. A medical officer of the 
board or department of health shall make a thorough physical 
examination of every child before the issuance of a certificate of 
physical fitness. He shall record the result and such other facts 
concerning the child's physical condition and history as the com- 
missioner of education may require on blanks furnished by him 
and shall sign the record so made. 

9 Vacation employment certificate. The requirements and pro- 
cedure for the issuance of a vaca^tion employment certificate shall 
be the same as those for the issuance of an employment certifi- 
cate except that the minor shall not be required to obtain a school 
record certificate. A vacation employment certificate shall be 
valid only in the hands of the employer therein named. 

10 JSTcwsboy permit badge, a A newsboy permit badge shall 
be issued only on the personal application of the principal of the 
school the boy attends when the schools are in session and the cer- 
tificate of such principal that the boy is of normal development 
and physically fit for such employment and is twelve years of age 
or upwards as shown by the school records, or if the schools are not 
in session upon the certification of the employment certificating 
officer. Such certificate shall be duly filed with the employment 
certificating officer. 

h The newsboy permit badge shall be conspicuously worn 
wherever the boy to whom it was issued is engaged in the work 
it aaithorizes him to do. 

c Such permit badge may be revoked for cause by the employ- 
ment certificating officer. 

11 Any person who makes a false statement in or in relation 
to any employment certificate as to any matters required by this 
act or in any affidavit, record, transcript or certificate therein pro- 
vided for, is guilty of an offense, punishable in each case by a fine 
of not more than one hundred dollars, or by imprisonment for not 
more than sixty days, or both such fine and imprisonment. 



13 

12 The Commissioner of Education is hereby authorized to 
prescribe the form and contents of all certificates and newsboy 
permit badges required by this chapter. [ Amended by L. 1913, 
■ch. 74S, and L. 1921, (-/?." 386, in effect September 1, i921.] 

§ 632 Attendance officers. 1 The school authorities 
of each city, union free school district, or common school dis- 
trict whose limits include in whole or in part an incorporated vil- 
lage, shall appoint and may remove at pleasure one or more attend- 
ance officers of such city or district, and shall fix their compensa- 
tion and may prescribe their duties not inconsistent with this arti- 
<^le and make rules and regulations for the performance thereof; 
and the superintendent of schools shall supervise the enforcement 
of this article within such city or school district. 

2 The town board of each town shall appoint, subject to the 
written approval of the school commissioner of the district, one or 
more attendance officers, whose jurisdiction shall extend over all 
school districts in said town, and which are not by this section 
otherwise provided for, and shall fix their compensation, which 
shall be a town charge ; and such attendance officers, appointed by 
said boaj'd, shall be removable at the pleasure of the school commis- 
sioner in whose commissioner district such town is situated. 

§ 633 Arrest of truants. 1 The attendance ofiicer may 
arrest without a warrant any child between seven and sixteen 
years of age who is a truant from instruction upon which he is 
lawfully required to attend within the city or district of such 
attendance officer. He shall forthwith deliver the child so arrested 
to a teacher from whom such child is then a truant, or, in case of 
habitual and incorrigible truants, shall bring them before a police 
magistrate for commitment to a truant school as provided in sec- 
tion 635. 

2 The attendance officer shall promptly report such arrest and 
the disposition which he makes of such child, to the school authori- 
ties of the said city or district where such child is lawfully re- 
quired to attend upon instruction. 

3 A truant officer in the performance of his duties may enter, 
during business hours, any factory, mercantile or other establish- 
ment within the city or school district in whi,ch he is appointed 
and shall be entitled to examine employment certificates or regis- 
try of children employed therein on demand. 



14 

§ 634 Interference ivith attendance officer. Any 

person interfering with an attendance officer in the lawful dis- 
charge of his duties and any person owning or operating a f aictory, 
mercantile or other establishment who shall refuse on demand to 
exhibit to such attendance officer the registry of the children em- 
ployed or the employment certificate of such children shall be 
guilty of a misdemeanor. 

§ 635 Truant schools. 1 The school authorities of any 
city or school district may establish schools, or set apart separate 
rooms in public school buildings, for children between seven and 
seventeen years of age, who are habitual truants from instruction 
upon which they are lawfully required to attend, or who are in- 
subordinate or disorderly during their attendance upon such in- 
struction, or irregular in such attendance. Such school or room 
shall be known as a truant school; but no person convicted of 
crimes or misdemeanors, other than truancy, shall be committed 
thereto. [Subdivision 1 amended hy L. 1921, ch. 386, in effect 
September 1, 1921.] 

2 School authorities may provide for the confinement, main- 
tenance and instruction of any child who is an habitual truant 
from instruction upon which he is lawfully required to attend, 
or is insubordinate or disorderly during attendance upon such 
instruction, or is *iregular in such attendance in such schools; 
and they or the superintendent of schools in any city or school 
district, may, after reasonable notice to such child and the persons 
in parental relation to such child, and an opportunity for them 
to be heard, and with the consent in writing of the persons in 
parental relation to such child, order such child to attend such 
school, or to be confined and maintained therein, under such rules 
and regulations as such authorities may prescribe, for a period 
not exceeding two years; but in no case shall a child be so con- 
fined after he is seventeen years of age. [Subdivision 2 amended 
by L. 1917, ch. 563, and L. 1921, cli. 386, in effect September 1, 
19121.] 

3 Such authorities may order such a child to be confined and 
maintained during such period in any private school, orphans' 
home or similar institution controlled by persons of the sa'me re- 
ligious faith as the persons in parental relation to such child, and 
which is willing and able to receive, confine and maintain suet 
child, upon such terms as to compensation as may be agreed upon 

* So in original [word misspelled]. 



15 

between such aiitliorities and such private school, orphans' home 
or similar institution. 

4 If the person in parental relation to such child shall n.)t 
consent to either of such orders said person shall be proceeded 
against in court under section 625 of this chapter by the school 
authorities or such officer as they may designate. In case +iie 
person in parental relation to such child establishes to the satis- 
faction of the court that such child is beyond his control snch 
child shall be proceeded against as a disorderly person, and up')r. 
conviction thereof, if the child v^as la)wfully required to attend 
a public school, the child shall be sentenced to be confined and 
maintained in such truant school for a period not exceeding two 
years ; or if such child was lawfully required to attend upon in 
struction otherwise than at a public school, the child may be 
sentenced to be confined and maintained for a period not exo.'cd- 
ing two years in such private school, orphans' home or other 
similar institution, if there be one, controlled by persons of tiie 
same religious faith as the persons in parental relation to such 
child, which is willing and able to receive, confine and maintain 
such child for a reasonable compensation. Such confinement shall 
be conducted with a view to the improvement and to the restora- 
tion as soon as practicable, of such child to the institution else- 
where, upon which he may be lawfully required to attend. 

4-0. An habitual truant and a child who, being subject to the 
provisions of this article, has been lawfully suspended or expelled 
from school, and is not receiving equivalent instruction elsewhere, 
as provided by section 623 of this chapter, are hereby declared 
to be ungovernable children. Any such child may be apprehended 
by a truant officer of the school district or city where the child 
resides, or by any peace officer, and brought before a police magis- 
trate having jurisdiction. ^Notice shall thereupon be given to the 
child's parent, guardian, or other person standing in parental rela- 
tion to the child, and upon the submission of satisfactory proof 
that the child is an habitual tniant or that, being subject to this 
article, he has been lawfully suspended or expelled from" school and 
is not receiving instruction elsewhere, the magistrate may commit 
such child to a truant school maintained .by such district or city, 
or if no such truant school is maintained, to a private school, 
orphans' home or other similar institution if there be one, con- 
trolled by persons of the same religious faith as the persons in 
parental relation to such child, which is willing and able to receive, 



16 

confine and maintain such child for a reasonable compensation. 
[Suhdivisio7i 4:-a added hy L. 1917, ch. 563, in effect May 18, 
1917.] 

5 The authorities committing any such child, and in cities and 
districts having a superintendent of schools such superintendent 
shall have authority, in his discretion, to pt'role at any time any 
truant so committed by them. 

6 Every child lawfully suspended from attendance upon in- 
struction for more than one week, shall be required to attend such 
truant school during the period of such suspension. 

7 The school authorities of any city or school district, not hav- 
ing a truant school, may contract with any other city or district 
having a truant school, for the confinement, maintenance and in- 
stiTiction therein of children whom such school authorities might 
require to attend a truant school, if there were one in their own 
city or district. 

8 Industrial training shall be furnished in every such truant 
school. 

9 The expense attending the commitment and costs of main- 
tenance of any truant residing in any city, or district, employing 
a superintendent of schools shall be a charge against such city, or 
district, and in all other eases shall be a county charge. 

§ 636 Enforcement of law and \ritliliolding the 
state moneys "by Commissioner of Education. 1 The 

Commissioner of Education shall supervise the enforcement of 
this law and he may withhold one-half of all public school moneys 
from any city or district, which, in his judgment, wilfully omits 
and refuses to enforce the provisions of this article, after due 
notice, so often and so long as such wilful omission and refusal 
shall, in his judgment, continue.' 

2 If the provisions of this article are complied with at any 
time within one year from the date on which said moneys were 
withheld, the moneys so withheld shall be paid over by said Com- 
missioner of Education to such district or city, otherwise forfeited 
to the State. 

§ 637 Attendance of illiterate minors. 1 Every 
minor, between sixteen and twenty-one yearrs of age, who does not 
possess such ability to speak, read and write the English language, 
as is required, for the completion of the fifth grade of the public 
or private schools of the city or school district in which he resides. 



17 

shall attend some day or evening school or some school maintained 
by an employer as hereinafter provided in subdivision 6 of this 
act, in the city or district in which he resides throughout the 
entire time such school is in session; provided that no such minor 
be required to attend, if the Commissioner of Health, or the ex- 
ecutive officer of the board or department of health of the city, 
town, village or district, where such minor resides, or an officer 
thereof designated by such board, department or commissioner 
shall deem such minor to be physically or mentally unfit to attend. 

2 Any minor subject to the provisions of this section, who 
wilfully violates any provisions of this section, shall be punished 
by a fine of not exceeding five dollars. 

3 Every person having in his control any minor subject to the 
provisions of this section shall cause such minor to attend a school 
as hereby required ; and if such person fails for six sessions within 
a period of one month to cause such minor to so attend school, 
unless the Commissioner of Health or the executive officer of 
the board or department of health of the city, town, village or 
district where such minor resides or an officer thereof designated 
by such board, department or commissioner shall certify that 
such minor's physical or mental condition is such as to render 
his attendance at school harmful or impracticable, such person 
shall, upon complaint by a truant officer and conviction thereof, 
be punished by n fine of not more than twenty dollars. 

4 Whoever induces or attempts to induce such minor to absent 
himself unlawfully from school or employs such minor except 
as is provided by law, or harbors such who, while school is in 
session, is absent unlawfully therefrom, shall be punished by a 
fine of not more than fifty dollars. 

5 The employer of any minor subject to the provisions of this 
section shall procure from such minor and display in the place 
where such minor is employed the weekly record of regular attend- 
ance upon a school and it shall be unlawful for any person to 
employ any minor subject to the pro'N'isions of this section until 
and unless he procures and displays said weekly record as herein 
provided. It shall be the duty of the teacher or principal of the 
school upon which he (such minor) attends to provide each week 
such minor with a true record of attendance. 

6 Any employer may meet the requirements of this act by con- 
ducting a class or classes for teaching English and civics to foreign- 
born in shop, store, plant or factory, under the supervision of the 



18 

local school authorities, and any minor subject to the provisions 
of this act may satisfy the requirement by attendance upon such 
classes. ^Added hy L. 19il8, ch. 415, in effect May 1, 1918.] 

§ 63S Certificates of principals or teachers. Cer- 
tificates issued by any principal or teacher of schools as to the 
attendance or nonattendance of any person who should attend 
such school shall be presumptive evidence of the facts therein 
stated. [Added hy L. 1919, ch. 303, in effect May 3, 1919.] 

ARTICLE 22-Ai 

(Inserted hy L. 1921, ch. 21, in effect March 3, 19'21.) 
Employment of Children in Street Trades 

Section 640 Prohibited employment of children in street trades 

641 Permit and badge for children engaged in street trades, how 

issued 

642 Contents of permit and badge 

643 Regulations concerning badge and permit 

644 Limit of hours 

645 Employment of children in carrying and distributing newspapers 

646 Enforcement of article 

647 Violation of this article, how punished 

648 Punishment of parent, guardian or other person contributing to 

the delinquency of children 

§ 640 Prohibited employment of children in 
street trades, ^o male child under twelve, and no girl under 
sixteen years of age, shall in any city of the first, second or third 
class sell or expose or offer for sale newspapers, magazines or 
periodicals in any street or public place. [Added hy L. 1921, ch. 
21, in effect March 3, 1921.] 

§ 641 Permit and badge for children engaged in 
street trades, how issued. No male child under fourteen 
years of age shall sell or expose or offer for sale said articles 
unless a permit and badge as hereinafter provided shall have been 
issued to him by the district superintendent of the board of educa- 
tion of the city and school district where said child resides, or by 
such other officer thereof as may be officially designated by such 
board for that purpose, on the application of the parent, guardian 
or other person having the custody of the child desiring such per- 
mit and badge, or in case said child has no parent, guardian or 
custodian then on the application of his next friend, being an 
adult. Such permit and badge shall not be issued until the officer 

1 So in original. 



19 

issuing the same shall have received, examined, approved and 
placed on file in his office satisfactory proof that such male child is 
of the age of twelve years or upwards, and shall also have received, 
examined and placed on file the written statement of the prin- 
cipal or chief executive officer of the school which the child is 
attending, stating that such child is an attendant at such school, 
that he is of normal development of a child of his age and physi- 
cally fit for such employment, and that said principal or chief 
executive officer ap]>roves the granting of a permit and badge to 
such child. JSTo such permit or badge shall be valid for any pur- 
pose except during the period in which such proof and written 
statement shall remain on file, nor shall such permit or badge be 
authority beyond the period fixed therein for its duration. After 
having received, examined and placed on file such papers the officer 
shall issue to the child a permit and badge. Principals or chief 
executive officers of schools in which children under fourteen 
years are pupils shall keep complete lists of all children in their 
schools to whom a permit and badge as herein provided have been 
granted. lAdded hy L. W21, ch. 21, in effect March 3, 1921.] 

§ 642 Contents of permit and badge. Such permit 
shall state the date and place of birth of the child, the name and 
address of its parent, guardian, custodian or next friend, as the 
case may be, and describe the color of hair and eyes, the height, 
weight and any distinguishing facial mark of such child, and shall 
further state that the papers required by the preceding section 
have been duly examined and filed ; and that the child named in 
such permit has appeared before the officer issuing the permit. 
The badge furnished by the officer issuing the permit shall bear 
on its face a number corresponding to the number of the per- 
mit, and the name of the child. Every such permit, and every 
such badge on its reverse side, shall be signed in the presence of 
the officer issuing the same by the child in whose name it is issued. 
[Added hy L. 1921, cli. 21, "in effect March 3, 1921.] 

§ 643 Regulations concerning badge and permit. 

The badge provided for herein shall l>e worn conspicuously at all 
times by such child while so working; and all such permits and 
badges shall expire annually on the first day of January. The 
color of the badge shall be changed each year. "No child to whom 
such permit and badge are issued shall transfer the same to any 
other person nor be engaged in any city of the first, second or 
third class as a newsboy, or shall sell or expose or offer for sale 



20 

newspapers, magazines or periodicals in any street or public place 
without having conspicuously upon his person such badge, and he 
shall exhibit the same upon demand at any time to any police, or 
attendance officer. [Added hy L. 1921, ch. 21, in effect March 3, 
1921.] 

§ 644 Limit of hours. No child to whom a permit and 
badge are issued as provided for in the preceding section shall 
sell or expose or offer for sale any newspapers, magazines or 
periodicals after eight o'clock in the evening, or before six o'clock 
in the morning. [Added by L. 1921, ch. 21, in effect March 3, 
1921.] 

§ 645 Employment of children in carrying and 
distributing newspapers. Upon obtaining a permit and 
badge as provided by this section, a male child over twelve years 
of age between the close of school and six-thirty o'clock in the 
afternoon and a male child over fourteen years of age between 
five-thirty and eight o'clock in the morning may be employed to 
carry and distribute newspapers on a newspaper route in a city 
or village, if no other work or employment be required or per- 
mitted to be done by any such child during that time. The badge 
or permit required by this section shall be issued to such child by 
the district superintendent or the board of education of the city 
or village and school district where such child resides, or by such 
other officer thereof as may be officially designated by such board 
for that purpose, on the application of the parent, guardian or 
other person having the custody of the child desiring such permit 
and badge, or in case such child has no parent, guardian or cus- 
todian then on the application of his next friend, being an adult. 
Such permit and badge shall nOt be issued until the officer issuing 
the same shall have received, examined, approved and placed on 
file in his office satisfactory proof that such male child is of the 
age prescribed by this section, and shall also have received, exam- 
ined and placed on file the written statement of the principal or 
chief executive officer of the school which the child is attending, 
stating that such child is in attendance at such school, that he 
is of the normal development of a child of his age and physically 
fit for such employment, and that such principal or chief executive 
officer approves the granting of a permit and badge to such child. 
'No such permit or badge shall be valid for any purpose except 
during the period in which such proof and written statement shall 



21 

remain on file, nor shall such permit or badge be authority beyond 
the period fixed therein for its duration. After having received, 
exaanined and placed on file such papers the ofiicer shall issue 
to the child a permit and badge. Such permit shall state the date 
and place of birth of the child^ the name and address of its parent, 
guardian, custodian or next friend, as the case may be, and de- 
scribe the color of hair and eyes, the height and weight and any 
distinguishing facial mark of such child, and shall further state 
that the papers required by this section have been duly examined 
and filed ; and that the child named in such permit has appeared 
before the officer issuing the permit. The badge furnished by 
the ofiicer issuing the permit shall bear on its face a number cor- 
responding with the number of the permit, and the name of the 
child. Every such permit, and every such badge on its reverse 
side, shall be signed in the presence of the officer issuing the same 
by the child in whose name it is issued. The badge provided for 
herein shall be worn conspicuously at all times by such child 
while so working; and all such permits and badges shall expire 
annually on the first day of January. The color of the badge shall 
be changed each year. 'No child to whom such permit and badge 
are issued shall transfer the same to any other person nor be 
engaged in any city or village in distributing newspapers without 
having conspicuously upon his person such badge, and he shall 
exhibit the same upon demand at any time to any police or attend- 
ance officer. [Added by L. 1921, ch. 21, in effect March 3, 1921.] 

§ 646 Enforcement of article. In cities of the first, 
second or third class, police officers, and the regular attendance 
officers ai)pointed by the board of education, who are hereby vested 
with the poM'ers of peace officers for the purpose, shall enforce the 
provisions of this article. [Added by L. 1921, ch. 21, in effect 
March 3, 1921.] 

§ 647 Violation of this article, "ho-w punished. 

Any child who shall, in any city of the first, second or third class, 
sell or expose or ofl^er for sale newspapers, magazines or periodicals 
in violation of the provisions of this article may be deemed and 
adjudged in need of the care and protection of the state, and if over 
seven years of age may be adjudged guilty of juvenile delinquency. 
A child violating the provisions of this act may be aiTcsted and in 
the city of New York be brought before a children's court and in 
any other city be brought before a court or magistrate having 



■ 22 

jurisdictioii to commit a cliild to an inicorporated charitable 
reformatory or other institution and be dealt with according to 
law. If any such child is committed to an institution, it shall, 
when practicable, be committed to an institution governed by the 
same religious faith as the parents of such child. The permit 
and badge of any child who violates the provisions of this article 
may be revoked by the officer issuing the same, upon the recom- 
mendation of the principal or chief executive officer of the school 
which such child is attending, or upon the complaint of any police 
officer or attendance officer, and such child shall surrender the 
pennit and badge so revoked upon the demand of any attendance 
officer or police officer charged with the duty of enforcing the 
provisions of this article. The refusal of any child to surrender 
such permit and badge, upon such demand, or the sale or offering 
for sale of newspapers, magazines or periodicals in any street or 
public place by any child after notice of the revocation of such 
permit and badge shall be deemed a violation of this article and 
shall subject the child to the penalties provided for in this section. 
[Added hy L. 1921, ch. 21, in effect March 3, 1921.] 

§ 648 Punislmient of parent, guardian or other 
person for contributing to the delinq^uency of chil- 
dren. The parent, guardian or other person having the custody 
of a child, who omits to exercise reasonable diligence to prevent 
such child from violating the provisions of this act, shall be guilty 
of a misdemeanor and shall be dealt with as provided by section 
four hundred and ninety-four of the penal law. In any such pro- 
ceedings against any such parent, guardian or other person having 
custody of such child, proof of the presence of such child in the 
public streets engaged in the sale or exposure or offering for sale 
of newspapers, magazines or periodicals in violation of the pro- 
visions of this article, shall be deemed prima facie proof of the 
lack of reasonable diligence in the control of such child by such 
parent, guardian or custodian, to prevent such offense by such 
child. [Added hy L. 1921, ch. 21, in effect March S, 1921.] 




RARY OF CONGRESS 



021 331 989 9 



